Hurley v. Bd. of Education of City of N.Y.

On May 25, 1928, an eligible list for the position of attendance officers of the Board of Education was prepared after competitive examination. The statute at that time provided that the list should not remain in force more than three years. In the interval other examinations for the same position might be held and eligible lists prepared whenever necessary, but “ eligible lists shall not be merged and one eligible list shall be exhausted before nominations are made from a list of subsequent date.” (Education Law, § 871; Cons. Laws, ch. 16.) In 1931, before the expiration of three years from…